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Millville Quarry sludge

It has been a busy March for Jefferson County Foundation and we wanted to update you on some of the things we have been working on.

On March 11, the Foundation sent notice that its intends to file suit in Kanawha County Circuit Court to block the state from illegally exempting Rockwool from real and personal taxes on a proposed industrial facility in Jefferson County. On May 2, 2019, the West Virginia Economic Development Authority (WVEDA) authorized the issuance of up to $150 million in lease revenue bonds for a term of up to 10 years, during which the WVEDA would hold title to Rockwool’s Jefferson Orchards property which includes approximately 130 acres of land. The Foundation’s complaint asks for the invalidation of the WVEDA’s May 2 action including cancellation of plans for any government agency to take title of the Rockwool property. Read the full story here.

On March 2, Jefferson County Foundation filed an official complaint with the WVDEP because work had been started on the Route 9 sewer project without a valid Construction Stormwater Permit, and an appropriate public notice sign had not been posted. The permit writer required CTUB to fix the public notice sign and correct the permit application to reflect that public notice and comment were required based on the length of the project. Unfortunately, several days later, the WVDEP issued an order that will allow the Route 9 sewer installation to continue without a Construction Stormwater Permit. We are continuing to monitor the project closely and evaluating the options going forward. See the notice here.

On March 6, the Foundation filed an official complaint with the WVDEP detailing what was perceived to be an illegal discharge from the Millville Quarry into the Shenandoah River. A WVDEP inspection on March 11 of the site revealed the discharge was in fact coming from the Millville Quarry and a notice of violation was issued to the Quarry. We appreciate the WVDEP Division of Mining and Reclamation pursuing this in a timely and definitive manner. See the investigation and complaint here.

On March 13, the Foundation filed an official complaint with the WVDEP, the WV Department of Natural Recourses, and the US Army Corp of Engineers detailing what seems to be an illegal discharge into the Opequon Creek and other Clean Water Act violations from a construction site where Mountaineer Gas is installing natural gas pipeline to connect Rockwool to natural gas. The complaint asked that an inspection be done and work be stopped until these violations were addressed.

On January 27, the Foundation requested that an inspection be done at the Rockwool facility, because several new sinkholes had been reported to the Foundation. The WVDEP conducted an inspection in early February of Rockwool and the adjacent DOH project being conducted by Ranson and performed by Jefferson Asphalt – Northport Station road extension. While the inspectors found several violations related to sinkhole remediation, they did not issue a notice of violation to Rockwool. They said that it was because Rockwool was able to fix the violations during the visit. However, the Northport Station project had several volitions resulting in a notice of violation. See the notice of violation here.

If you are interested in supporting this work, please consider making a fully tax deductible donation. For more information on how to do this, please visit our donation page.

Charleston WV from bridge

Jefferson County Foundation Submits a Petition to the WVDEP

On Sunday, January 26, Jefferson County Foundation submitted a petition to Secretary Caperton of the West Virginia Department of Environmental Protection (WVDEP), asking that he require Rockwool to apply for and obtain an individual NPDES permit rather than a registration under the general industrial permit. This will allow better provisions and oversight to be added into the permit to protect the water resources of Jefferson County, Northern Virginia, Maryland, and the Chesapeake Bay. See the petition and exhibits on the documents page of our website.

Charleston Meetings

Jefferson County Foundation, with technical experts, met with senior government officials of the WVDEP on Monday, January 27, and shared our concerns with the stormwater construction, stormwater industrial and the air permits. Foundation president Chrissy Wimer joined members from JCV, EPGC, and Citizen Scientists in meeting with Delegate Paul Espinosa and the DEP during the E-Day activities in Charleston on January 28. The meeting with Espinosa was disappointing, but illuminating. While he said he was in favor of local control of development, he would not condemn the state driven WVEDA $150M bond agreement that usurped the desire of the local people and local development authority. He defended Rockwool, his employer, and denied that process water would be stored in the Rainwater for Reuse pond, but after showing him the site plan that clearly showed the storage, he conceded that some process water goes into the rainwater for reuse pond. He did not have any opinion or knowledge about the multiple house bills with environmental impact; in fact, he said he had not reviewed any of them.

Plumbing Plans

Through the FOIA, Jefferson County Foundation has obtained more up-to-date plumbing plans from the Charles Town City Council. Unfortunately, these plans still do not show where the samples for CTUB will be taken or the industrial effluent that will go to CTUB. Alarmingly, it still shows process water from inside buildings going to the rainwater for reuse pond. Please plan to attend the CTCC sewer workshop on February 12, which will feature Rockwool explaining to the CTCC and its experts the various risks to the Charles Town water treatment facility from Rockwool’s operations.

Millville Quarry Air Permit Update

Over 250 public comments were submitted to the WVDEP on the newest Millville Quarry temporary air permit through the Jefferson County Foundation website. It seems these public comments are already having an effect. Millville has requested to have their R13-3434T temporary permit (previous temporary permit) “retired.” On  January 10, a DEP inspection was done to verify that the equipment associated with that permit had been removed from the site. Check out the Foundation’s public comment and recent communications between DEP and the Millville Quarry on the Documents page of our website. 

Community Forum on Rockwool

Jefferson County Foundation’s Legal Counsel Filed a Reply with the EQB

On Thursday, January 9, the Foundation’s Counsel filed a Reply to the Objection of the Builders Supply Association of West Virginia to the Foundation’s Motion to Intervene on appeal 19-13-EQB. Appeal 19-13-EQB was filed with the Environmental Quality Board (EQB) by the Builders Supply Association of West Virginia and appealed the newest version of the General multi-sector stormwater permit.  They claimed that the newest version of the permit was too onerous. The Motion to Intervene on EQB appeal 19-13-EQB was filed by Jefferson County Foundation and eight co-interveners on December 4, 2019. We are fighting to keep these protective provisions in the permit so that it is more protective of our ground water resources. Next, the EQB will decide on our motion and the hearing date is set for mid-February. Read about the reply and motion in more detail here.

The Foundation is Fighting for Transparency on Rockwool’s Plumbing Plans 

On Monday, January 6, Foundation President Chrissy Wimer presented at the Charles Town City Council (CTCC) encouraging the City to get the updated Rockwool plumbing plans. It was disclosed in this meeting that the city intentionally avoided the need for public involvement in the council’s meeting with the City’s sewer engineer. Apparently, the council was divided up into small groups to meet with the City engineer, avoiding a quorum, and therefore the need to hold public meetings. The meetings were not noticed and they were closed to the public. Planning and conducting a series of small meetings to avoid having an open meeting is a violation of the Open Meetings Act. Check out the Open Meetings Act information here.

On Tuesday, the Foundation submitted a FOIA request to Charles Town to illuminate, for the public, what happened in these meetings and how they came about. Stay tuned to find out what happened.

Foundation Presented to the Loudoun Board of Supervisors

Tuesday, January 7, Foundation President Chrissy Wimer presented during the Loudoun County Board of Supervisors meeting about the Millville Quarry temporary air permit, and encouraged them to contact the EPA and DEP. Several of the Supervisors were interested and engaged on the subject. The Foundation sent letters with more information to the Supervisors and the Mayors and Councils of the seven closest towns in Virginia.

Over 250 Public Comments Submitted to the DEP from the Foundation Website

On Friday, January 10, the Foundation submitted detailed written public comment to the DEP asking that the Millville Quarry temporary air permit be denied. The public submitted over 250 public comments to the DEP on the Millville Quarry temporary air permit through the Foundation website. We thank you for taking the time to get this done. It has implications for our air and our fight against Rockwool.

Community Forum on Rockwool

The Community Forum on Rockwool held Friday, January 3 was a great success. We hope everyone found it helpful and we thank you for attending. We hope to make this a recurring event. If you missed the Forum, please check out the video.

Future Filings

This weekend, we are working on upcoming filings. If you have time to get involved this weekend, check out our Make a Difference page. If you would like to support our ongoing legal fight against Rockwool, please make a fully tax deductible donation on our donate page. If you have questions, don’t hesitate to contact us.

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